Hospitality & Entertainment
The two largest gaming hotel and entertainment developments in the history of metropolitan St. Louis. One of the world’s largest theatre chains. Premiere golf resorts and communities. Hotel and resort properties. Lathrop & Gage has significant experience partnering with our clients to plan, build, operate and protect destination and local developments.
Our Hospitality & Entertainment attorneys provide savvy representation and practical advice in the areas of bankruptcy, development, licensing, litigation and ongoing business matters.
Our bankruptcy practice is national in scope and we have the ability to serve as lead counsel on bankruptcy matters nationwide. We have experience handling bankruptcy matters in the hospitality industry on behalf of secured lenders. In this capacity we often work with the secured creditor and the hotel franchise to “keep the flag” on the property and return the property to financial health.
Lathrop & Gage routinely counsels clients in the use of development incentives, collaboration with public and private entities, negotiation with contracts and more.
We have prepared and presented hundreds of financing plans. We have drafted redevelopment agreements, present value calculations, tax abatement impact analyses, Tax Increment Financing policies and proposed ordinances. In the process of advocating new development or redevelopment applications – often for complex projects – we strive to seek all available project incentives, enhancements, deferments and abatements. Moreover, several of our real estate attorneys are former city attorneys; their knowledge of the “inner workings” of local government provide invaluable insight in the zoning/planning process.
We know that a successful project begins with construction contracts that clearly define the rights and responsibilities of the participants. We commonly deal with a the wide range of construction issues, including:
- Scope of work
- Payment process and compliance with prompt payment statutes
- Fixed price, cost-plus, and Guaranteed Maximum Price agreements
- Design-build agreements
- Insurance and bond requirements
- Indemnity clauses and compliance with anti-indemnity statutes
- Ownership and copyright of design documents
- Scheduling concerns
- Liquidated damages
- Consequential damages
- Insurability of provisions under professional liability policies
- Termination for convenience or cause
- Dispute resolution (nonbinding mediation, dispute review boards, project neutrals, arbitration, or litigation)
Some disputes are unavoidable. When litigation is necessary, Lathrop & Gage helps hospitality clients achieve the best results possible. Lathrop & Gage litigators have achieved success nationwide in matters involving bankruptcy, construction, employment and more.
Ongoing Business Matters
Once a development is complete, myriad legal issues come into play – from everyday needs like vendor contracts to complex concerns like intellectual property and corporate finance. While well-versed in the hospitality industry as a whole, Lathrop & Gage attorneys dedicate themselves to in-depth knowledge of each individual client’s business, so we can craft the best possible legal strategies for each unique situation. This client focus has led to long-term representation of many of our clients in this arena.